Research On Legal Issues Of Ecological Compensation For Public Welfare Forests

Public welfare forests have a very important position in China.The data show that public welfare forests account for 56% of forest resources and occupy a dominant position.In recent years,under the guidance of General Secretary Xi's “Two Mountains Theory”,with the transformation of the national economic development mode,the legislative practice of public welfare forest protection has emerged endlessly,and its content not only adheres to the existing forest ecological benefit compensation fund system,It has also continuously expanded the new forms of ecological compensation for public welfare forests,and has begun to form a vertical ecological compensation system based on national transfer payments and a horizontal ecological compensation form with regional cooperation as the main feature.However,the local practice activities in full swing cannot conceal the problems inherent in the current ecological compensation for public welfare forests.The general provisions of the upper law and the lack of special laws have restricted the further development of ecological compensation for public welfare forests.This paper intends to use literature research,data research,comparative research and other methods to analyze the legal problems of public welfare forest ecological compensation,and hope to provide some reference ideas for solving related legal problems.First of all,the article starts from the status quo of public welfare forest resources,shows the importance of protecting the public welfare forest through statistical data,and finds out the main problems still existing in the current public welfare forest ecological compensation system by combing the evolution of China's forestry protection policy,combined with specific laws.The article analyzes and concludes that there are three major problems in the current system: the basic concept is vague,the operability of the article is not strong,and it is difficult to form a system synergy.Secondly,the article analyzes these problems and believes that there are five main reasons forthese problems,namely,“the lack of legal principles for public welfare forest ecological compensation” “The legal relationship has not been refined” “The legal responsibility is unclear and the system construction is absent” And "lack of leading documents",etc.,which covers both theoretical and practical aspects.Finally,the article also proposes the author's solution from the two levels of theory and practice: the first is to determine the legal concept of ecological compensation for public welfare forests from the theory,and clearly define the legal relationship of public welfare forest ecological compensation;It is necessary to clarify the basic principles that public welfare forest ecological compensation should adhere to,and provide basic value compliance for future legal practice;the third is to strengthen the top-level design,especially the policy leadership role;the fourth is to strengthen the system construction,Improve the legal regulation of relevant supporting systems,including the substantive law system,the procedural law system,the standard formation system,and the accountability mechanism.It is hoped that the proposal of the solution can provide new ideas for solving the legal problems of public welfare forest ecological compensation and promoting the development of forestry in China.